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HomeMy WebLinkAboutCC Min 1998-06-08 6-4-98 / 6-8-98 I article. with regard to the proposed street maintenance projects, the Manager made specific reference to improvements to the beach parking lots, some projects budgeted as far back as 1995/96, they were held up and included in the Main Street improvement plans even though shown separately in the CIP. The Mayor recommended that the Council review the Capital Improvement Plan thoroughly. It was suggested that something needs to be done to 10th Street by St. Anne's Church, also the cul-de-sac streets in College Park East. The Manager stated that a Master Plan is being prepared that will identify and prioritize each street location that is in need of repair, expected to be completed by fall. A recommendation was made that the sewer and storm drain plan be completed first rather than repairing a street and then dig it up to replace a sewer or storm drain. To a question as to a time frame for future street projects, the Manager said the last 1997/98 project will be before the Council at the next meeting, generally one project is done in the summer, another in the spring. ADJOURNMENT As to a date to meet for another budget workshop, the Council tentatively agreed upon June 16th at 4:00 p.m. By unanimous consent, the Council adjourned until Monday, June 8th at 6:30 p.m., to meet in Closed Session if deemed necessary. Attest: I Approved: Seal Beach, California June 8, 1998 The City Council of the City of Seal Beach met in regular adjourned session at 6:35 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Brown Councilmembers Boyd, Campbell, Doane, Yost Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk 6-8-98 APPROVAL OF AGENDA Campbell moved, second by Doane, to approve the order of the agenda as presented. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried CLOSED SESSION The City Attorney announced that the City Council would meet in Closed Session to discuss the items identified on the agenda, existing litigation pursuant to Government Code Section 54956.9(a), anticipated litigation pursuant to Government Code Section 54956.9(b), and a conference with the City's labor negotiator with regard to Management/Mid- Management employees pursuant to Government Code Section 54957.6. The Council adjourned to Closed Session at 6:37 p.m. and reconvened at 7:12 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. The City Attorney reported the Council had discussed the items previously identified, however due to inadequate time to conclude discussion the Council would recess the Closed Session until 8:00 p.m. I By unanimous consent, the Council recessed at 7:13 p.m. until approximately 8:00 p.m. CLOSED SESSION At 8:56 p.m. it was the order of the Chair, with consent of the Council, to recess the 7:00 p.m. regular meeting, reconvene the 6:30 p.m. regular adjourned meeting, and adjourn to Closed Session. Mayor Brown called the regular adjourned and regular meetings to order at 10:21 p.m., and the City Attorney reported the Council had continued their discussion of the items listed on the agenda, gave direction to the City Manager, and no other action was taken. I ADJOURNMENT By unanimous consent, the regular adjourned meeting was adjourned at 10:23 p.m. Approved: clerk Attest: I Seal Beach, California June 8, 1998 The City Council of the City of Seal Beach met in regular session at 7:14 p.m. with Mayor Brown calling the meeting to order with the Salute to the Flag. 6-8-98 ROLL CALL Present: Mayor Brown Councilmembers Boyd, Campbell, Doane, Yost Absent: None I Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer Mrs. Yeo, City Clerk APPROVAL OF AGENDA Boyd moved, second by Campbell, to approve to order of the agenda as presented. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried PRESENTATIONS I SANE ESSAY CONTEST AWARDS Officer Rick Paap said this presentation is to recognize two fifth grade McGaugh School students as the 'Substance Abuse Narcotics Education' essay contest winners, a program he instructs in the fourth and fifth grades on a weekly basis. Officer Paap noted a pizza party held this past week for the fifth grade students, attended by City department heads, also extended thanks to the Lions Club and the Police Officers Association for their monetary support of the program. He invited Chief Sellers and essay winners, Ricky Berra and Kayley Cramer to the podium, noting that the essays "What SANE Means To Me" were written by the students, the teachers reviewed them initially, then the Chief. The Chief read the essay of Kayley and Ricky read his own. Upon recognition by the Council and the audience, Chief Sellers presented both students with two passes to Disneyland. INTRODUCTION - MISS SEAL BEACH / MISS TEEN SEAL BEACH Ms. Barbie Meyer announced that seventeen contestants participated in the Seal Beach Pageant this year, and noted the addition of the Miss Teen Seal Beach contest. Each of the young ladies were introduced as follows: Brooke Gantt, Miss Teen Seal Beach, Theresa Kholer, First Teen Princess, and Melissa Nichols, Second Teen Princess, Jennifer Seifert, Miss Seal Beach, Natalia Livian, First Princess, and Shelby Page, Second Princess, each expressing appreciation for the recognition. I SEAL BEACH LEO CLUB - COMMUNITY SERVICE PROJECTS Mayor Brown offered that this is the first full year of the Leo Club, during that time the members have devoted more than one thousand hours to community service projects, collected over $7,000 which they in turn donated to various service clubs and organizations. The Mayor explained that LEO means Leadership, Experience, and Opportunity, the Club offers membership to young people between twelve and eighteen years of age, and conduct themselves under the guidance of the Lions Club. Mayor Brown presented a certificate of appreciation to Dylan Kann, age seventeen, for the one hundred hours he devoted to twelve community service projects during the past year. Dylan said the LEO's are honored to 6-8-98 serve the comm~nity, to raise monies to put back into Seal Beach, and at the request of the Mayor noted the donation of $1,000 to Save Our pool, donations also to the Youth Exchange Program, a Seeing Eye Program, and the Casa Youth Center. Mayor Brown also presented certificates to Keri DePron, age 13, for the one hundred four hours she devoted to sixteen community service projects, to Jeff Grgas, age 15, for the one hundred seven hours he devoted to eleven projects, and Grant Newton, age 13, for the one hundred twenty-three hours he devoted to eighteen community service projects. All were afforded congratulations and appreciation by a round of applause. I ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Ms. Seretta Fielding, Seal Beach Boulevard, Growing Tree pre-School, offered congratulations to the young people for their accomplishments. Ms. Fielding said she was present to speak about the 200 and 300 blocks Seal Beach Boulevard, this the fourteenth year of having done so. She showed pictures of the appearance Seal Beach Boulevard as compared to First Street, knowing that nothing has been done to the Boulevard for fifty years yet the goal is to have the Boulevard look like First Street. Ms. Fielding requested that some thought be given to the Boulevard during the upcoming budget process. Councilman Boyd assured that there will be an effort to plan some improvements to the Boulevard this budget year. Mr. Roger West, Eclectic Avenue, requested that the Council direct the Planning Commission to review the application for a three story structure on Main Street with a second story parking area accessible by means of an auto elevator. He noted that permits have not been issued, and concept approval was erroneously given by a staff member without requesting Planning Commission review. Mr. West said the building height for Main Street was lowered in 1974, in 1984 the Downtown Revitalization Study recommended allowing no more than two stories with architectural features above the second story within the allowable height limit, in 1996 the Main Street Specific Plan included one and two story buildings as important ingredients in maintaining the small town village charm and pedestrian scape, at no time has any study proposed or considered second story parking on Main Street with elevators for cars, this obvious because no study of Main Street has ever called for three story structures that would require same. Mr. West again emphasized that this issue should have been referred to the Planning Commission for review, to not do so is unprecedented. Mr. Jay Bulmash, Electric Avenue, resident since 1981, spoke of public safety in the City of Seal Beach, stated according to recent FBI figures Seal Beach was not included in the top ten safest cities in the Los Angele~ Metropolitan area, rather, Seal Beach was ranked sixty-fifth, Villa Park, ranked first, had a violent crime rate of one-tenth that of this City per capita. He questioned why the decline in the City's safety, past responses have been that it is a beach city, there are people that come from outside the City, that is attributable to a higher crime rate, according to the new report that does not hold true as the beach cities of Huntington, Laguna, Hermosa, Newport, and Manhattan all have lower violent crime rates than Seal Beach, to which he suggested that a committee be established to investigate the decline of the quality of life and safety with recommendation as to how this can be reversed, and stated that lack of monies should not again be used as an excuse. Mr. Bulmash also questioned legal expenses, claims that could possibly have been settled I I 6-8-98 I without litigation, made specific reference to his claim for property damages from the 1995 rain storm, after several months a lawsuit resulting from that event was filed, eventually there was settlement, which he claimed should have been made initially. He recommended that legal bills be audited. Mr. Reg Clewley, Catalina Avenue, recalled a prior meeting at which suggestions were made as to how his comments could be kept to five minutes. He noted a May 26th staff report of the Coastal Commission relating to the Hellman project, and for those making the trip to Santa Barbara for the next Commission hearing suggested that all insist that the special conditions for the project be adhered to, this project is an opportunity to make a real difference in wetlands for Southern California and the entire coast, everyone should thoroughly understand the staff report, particularly appendix G. All need to support the Hellman project as specially conditioned by the Coastal Commission. There being no further comments, Mayor Brown declared Oral Communications closed. I RESOLUTION NUMBER 4633 - MAYORAL APPOINTMENTS Resolution Number 4633 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONFIRMING APPOINTMENTS MADE BY THE MAYOR AND COUNCIL OF REPRESENTATIVES TO VARIOUS BOARDS, AGENCIES, AND ORGANIZATIONS, ASSIGNING CERTAIN DUTIES TO COUNCILMEMBERS AND REPEALING RESOLUTION NUMBER 4540." By unanimous consent, full reading of Resolution Number 4633 was waived. Mayor Brown noted that the appointments tentatively made at a prior meeting did not include the Southern California Association of Governments, offered the services of himself as representative and Councilmember Campbell as the alternate, pointing out however that there may not be attendance at the SCAG meetings. By unanimous consent, full reading of Resolution Number 4633 was waived. Yost moved, second by Campbell, to adopt Resolution Number 4633 as amended to reflect the appointment of Mayor Brown as the representative to the Board of Directors of Sanitation District Three of Orange County, Councilman Boyd as the alternate~ Councilmember Campbell as the representative to the West Orange County Water Board, Councilman Doane as the alternate~ Mayor Brown as the representative to the Southern California Association of Governments, Councilmember Campbell as the alternate~ Mayor Brown as the representative to the Orange County Division of the League of California Cities, Councilmember Campbell as the alternate; Councilman Yost as the representative to the Santa Ana River Flood Protection Agency, Councilmember Campbell as the alternate; Councilman Boyd as the representative to the Orange County Fire Authority, Mayor Brown as the alternate 1 Councilman Yost as the representative to the Orange County Vector Control Agency, and William Doane as the alternate. I AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried With unanimous consent of the Council, Item "F", Resolution Number 4634, was considered before Item "E", appointments to boards and commissions. RESOLUTION NUMBER 4634 - DECLARING VACANCIES - CITY BOARDS and COMMISSIONS Mayor Brown noted that ~he members of the City Council make appointments to the var10US City boards and commissions, at such times as there are new members of the ~ity Council, as 6-8-98 there is now, the members often desire to make their own appointments, therefore a policy is being established whereby when there is a newly formed Council the boards and commissions will be declared vacant allowing the Council members to make new appointments or reappoint. After brief discussion, it was clarified that only the Planning Commission has term limits as does the Council, the Resolution proposed would have no impact on the Charter or any Ordinance or Resolution, clarified also that under the Charter the Council has the power to remove board and commission members at any time without cause, and emphasized that this Resolubion will have no effect on board and commission terms as they presently exist. I Campbell moved, second by Boyd, to adopt Resolution Number 4634 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING VACANCIES IN CERTAIN BOARDS AND COMMISSIONS AND COMMENDING THOSE MEMBERS WHO SERVED THE CITY." By unanimous consent, full reading of Resolution Number 4634 was waived. It was noted that the vacancies will be posted as required by law and that appointments may be made after ten days. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried APPOINTMENTS - BOARDS and COMMISSIONS Civil Service Board Councilman Boyd moved to appoint Mr. Bill Schneider as the District One representative to the Civil Service Board for the unexpired term ending July, 2003. Councilman Doane seconded the motion. I AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried Councilman Doane moved to appoint Ms. Penny Mazman as the District Five representative to the Civil Service Board for the unexpired term ending July, 1999. Councilman Boyd seconded the motion. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost none Motion carried Planninq Commission Councilman Yost thanked all of the people who had submitted their resumes of interest in the Planning Commission position, and explained certain criteria he had placed on himself in making the selection, one being their residence location as being representative of the District. Councilman Yost moved to appoint Mr. Leonard Cutuli as the District Three representative to the Planning Commission for the unexpired term ending July, 2001. Councilman Boyd seconded the motion. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried I CONSENT CALENDAR - ITEMS "G" thru "0" Mayor Brown read a brief description of the items on the Consent Calendar. Campbell moved, second by Yost, to approve the recommended action for items on the Consent Calendar as presented. I I I AYES: NOES: 6-8-98 .G. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. H. Approved regular demands numbered 19778 through 19902 in the amount of $151,889.29, payroll demands numbered 27067 through 27248 in the amount of $265,630.77, and authorized warrants to be drawn on the Treasury for same. I. Approved the renewal contract of Senior Meals and Services, Inc. for the term of five years, expiring JUly, 2003. J. Approved the plans and specifications for the 1997/98 Citywide Slurry Seal Program, project Number 674, and authorized staff to invite bids. K. Adopted Resolution Number 4635 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4635 was waived. L. Adopted Resolution Number 4636 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING THE BEVERLY MANOR WATER WELL REPAIR PROJECT TO BE OF URGENT NECESSITY FOR THE PRESERVATION OF A SAFE AND RELIABLE DRINKING WATER SUPPLY." By unanimous consent, full reading of Resolution Number 4636 was waived. M. Denied the claim for vehicle damages of Deborah LaNette Leach. N. Adopted Resolution Number 4637 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING SHIGETO TODD YANAI FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE AWARD." By unanimous consent, full reading of Resolution Number 4637 was waived. O. Received and filed the staff report relating to the receipt of the Fact Sheet, Non-Time Critical Removal Action for Installation Restoration Site 19, Building 241 Disposal Pit, Naval Support Facility, Seal Beach, and instructed staff to forward same to the Environmental Quality Control Board for information purposes. Boyd, Brown, Campbell, Doane, Yost None Motion carried 6-8-98 The City Council concurred with the City Attorney to continue the reconvening of the recessed 6:30 adjourned meeting until 8:30 p.m. RESOLUTIONS NUMBERED 4638 I 4639 I 4640 - STREET LIGHTING ASSESSMENT DISTRICT The City Manager reported this item relates to the I continuation of the Assessment District for street lighting, there is no increase of assessment, and recommended adoption of the Resolutions proposed. The City Attorney noted that the City Clerk made corrections to certain dates contained within the Resolutions. Boyd moved, second by Doane, to adopt Resolution Number 4638 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, INITIATING PROCEEDINGS FOR ANNUAL LEVY OF ASSESSMENTS AND ORDERING THE PREPARATION OF AN ENGINEER'S "REPORT" FOR A STREET LIGHTING ASSESSMENT DISTRICT", and Resolution Number 4639 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE ENGINEER'S "REPORT" FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS IN A STREET LIGHTING ASSESSMENT DISTRICT", and Resolution Number 4640 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A STREET LIGHTING ASSESSMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING." By unanimous consent, full reading of Resolutions Numbered 4638, 4639, and I 4640 was waived. AYES: NOES: Boyd, Brown, Campbell, Doane, Yost None Motion carried PUBLIC HEARING - APPEAL - PLANNING COMMISSION DENIAL - HEIGHT VARIATION 98-2 - HARBOUR - 519 OCEAN AVENUE Mayor Brown announced this to be a public hearing to consider the appeal of Planning Commission denial of Height Variation Number 98-2 for 519 Ocean Avenue. The City Clerk certified that notice of the public hearing had been advertised and mailed as required by law, and reported receipt of no communications relating to this item. Councilman Yost stated he would remove himself from consideration of this item inasmuch as he had acted upon the matter at the Planning Commission level therefore has been advised that he could not also sit as an appeal board, however his opinion regarding this matter has not changed and is reflected in the staff report. The City Attorney explained that there has been a recent case relating to this area of law with respect to commissioners who are subsequently elected. He noted that in the past advice has been given councilmembers relating to quasi-judicial matters, such as this, to either not act at I the Planning Commission level, as had been the case on several issues in 1990, or to avoid any appearance of impropriety the councilmembers have stepped down, however are allowed to act on quasi-legislative matters. He confirmed that upon the councilmember stepping down, as a resident the person does have First Amendment rights to state his opinion yet can not try to use the position to influence other members of the Council. The City Attorney pointed out also that another member of the Council, although it may not be a legal conflict, had advised that he is a tenant of the applicant at a property totally separate from the property 6-8-98 under consideration, again to avoid any appearance of impropriety or bias, may step down, and also has the right to testify as a resident. Councilman Boyd stated that like Councilman Yost he has been advised by legal counsel that in the best interest of the applicant and the City he too would step down. I I The Director of Development Services reported this item is an appeal of a Planning Commission recommendation for the denial of a requested height variation at 519 Ocean Avenue, the basic request is to construct an open sided gazebo on the roof deck of the proposed new residence, and directed attention to drawings showing the proposed structure. He noted that the initial application, as considered by the Planning Commission, has been revised and down-sized. The Director reported that the ordinances of the City allow for certain structures to exceed the standard height limit in the residential zones however does require review and approval by the Planning Commission, specifically a seven foot exceedence of the height limit is allowed in this area, the height limit of the area being twenty-five feet, therefore the height of certain structures can be requested up to a height of thirty- two feet. He noted that the Planning Commission typically considers what is called a covered roof access structure which is essentially a covered stairway from the residence up to a roof deck, this application is different in that it is not that type of a structure, however the Code does allow other types of structures. He noted again that upon consideration of this matter by the Commission their recommendation was denial, the staff report sets forth the findings of the Commission, the provisions of the Code that needed to be evaluated in making those findings, applicable to Council as well, the criteria for findings reflected on pages four and five of the staff report. He explained that the Commission determination of denial was because they could not make the finding that the cupola was appropriate for the character and integrity of the neighborhood, the options of the Council are to sustain the appeal and approve the proposal as submitted by the applicant, deny the appeal and sustain the recommendation of the Planning Commission, not allowing the structure to be built, or sustain the appeal and approve a structure that may be somewhat different from that considered by the Commission, a smaller structure as an example. I Mayor Brown declared the public hearing open. Mr. Shawn Boyd, 7th Street, stated he reviewed the plans for this residence, has spoken to and visited with the person who opposed this proposal before the Planning Commission as that relates to his primary view, and said it is not felt that there will be an impact of view. Mr. Boyd stated he was in favor of this proposal, the Code does allow for a cupola, covered roof access, etc., denial would be denial of the property owners rights which in turn would mean revision of the plans for the residence and re-submittal of a covered roof access variance to the Planning Commission for consideration, the CRA would be allowed up to a thirty-two foot height, whereas this proposal exceeds the height limit by only four feet. Mr. Bill Yurga, neighbor of the proposed construction, acknowledged his initial opposition, however after reevaluation of the now reduced cupola size, there will be no significant impact and said he would withdraw his objection. Mr. Reg Clewley, Catalina, requested that the Council uphold the denial of the Planning Commission. He said this is nothing that will enhance the character of the 6-8-98 neighborhood, nothing will prevent the sides to be glass enclosed sometime in the future, it will grow in size year after year, it impacts views, it is an encourageme~t to do away with the height limit, if one such structure ~s approved, others will want the same. Mr. Paul Yost, Schooner Way said as a private citizen his concern is with setting a pre~edent, if approved every house on a twenty-five foot wide I lot will want a cupola. Mr. Alan Harbour, 7th Street, stated his residency of more than fifty-five years, four generations are residents, confirmed his general contracting profession for over thirty years, and expressed pride in his structures, each building somewhat individual. Mr. Harbour said he is trying to do something a little different with this home, while trying to follow the guidelines of the Code, the Code stating that the Planning Commission could approve this type of structure, likened to a covered roof accesses, which he said he had had original plans, that is the same type of structure but with glass and a stairway, not necessarily better than the open structure proposed, and distributed renderings of the cupola versus the covered roof access structure. He acknowledged that the original plan was considerably larger, at the suggestion of staff the size was reduced, the smaller structure is now felt to be better, said this feature would not be desired by all, a cape Cod feature with a delicate, see-through look, traditional to seaside homes, yet not out of character with a city such as Seal Beach. To a question of Council as to being within the covered roof access guidelines, the Director of Development Services responded that the Code allows CRA's and a number of other types of structures, this is not classified as a covered roof access structure, and sizewise would likely I qualify as the larger of the CRA's the City would allow. Mr. Harbour said this structure is twelve square feet smaller than a large CRA which is sixty-four square feet. There being no further comments, Mayor Brown declared the public hearing closed. Councilman Doane questioned the feasibility of the comment that nothing would prevent such structure from being altered. The Director responded that it would be doubtful without having someone notice, pointing out that there have been covered roof access structures for twelve years and there have been no complaints of someone attempting to change any of them. Mayor Brown noted that the Planning Commission reviewed this item in detail, the only comment in favor, other than the applicant, was that it was thought to impact the view, that Objection withdrawn, nothing substantial has been heard that would support changing the recommendation of the Planning Commission. Councilmember Campbell noted that a height variation is needed to enclose a stairway, in this case there is no stairway, this is an architectural feature that is open and will not impair view, a covered roof access is enclosed and does impact view, and asked if this would grant a special privilege or set a precedent. The City I Attorney stated this is not a special privilege, it is not a variance that requires certain findings to approve, the criteria for this approval is set forth in the staff report, it likewise does not set a precedent, each property is unique, needs to be looked at as such, and any decision needs to be based on the criteria set forth. It was the consensus of the Council to reopen the public hearing to accommodate an additional speaker. Mr. Jerry Anderson, Sandpiper Drive, expressed his opposition to this proposal. He said comments are constantly being made about 6-8-98 retaining the small town atmosphere, yet developers only request an architectural feature to exceed the height limit, questioned why an architectural feature can not be within the height limit, and stated that the horizon belongs to all of us. Mayor Brown once again declared the public hearing closed. I I Councilmember Campbell said she had thought the cupola was within the height limit. The Director clarified that there is a twenty-five foot height limit for residential dwellings, there is also provision for nonhabitable architectural features such as spires, towers, cupolas, belfries, monuments, parapets, not required by the Uniform Building Code, domes, and covered stairwells to open roof decks that may exceed the height limit established for the district in which such structure is located to a maximum of seven feet if granted pursuant to certain procedures, that being application to the Planning Commission, the Commission then evaluates the application and makes a determination based upon the criteria previously referenced, in this case the Commission denied the application even though it is proposed to be twenty-nine rather than thirty-two feet. Mayor Brown stated his concern is whether the variation is appropriate for the character and integrity of the neighborhood, and moved to uphold the determination of the Planning Commission. With regard to the integrity of the neighborhood and the architectural style, Councilmember Campbell noted that it is eclectic, a variety of styles of housing, it is not felt that a cupola will stand out, to her the issue is whether the City wants to deal with any number of applications that may follow, is this something the City or the residents of the area want. Again, with regard to setting a precedent, the City Attorney offered that although it may seem to some that granting one such request will allow the same opportunity for another, from a legal standpoint and case history, the law states that each piece of property must be considered individually, that is why the three criteria or findings to approve, sometimes an architectural style is appropriate, sometimes not. Councilman Doane noted he too had visited the neighborhood, stated he could not imagine too many of those properties desiring a cupola, his preference would be the revised plan proposing the cupola rather than a covered roof access. To a question of Council, the Director explained that a covered roof access structure could be permitted by going back through the Planning Commission, they would consider the same three criteria, also, the Commission has established certain minimum sizes based upon the configuration of the stairway, if that is met they have generally been approved. It was noted that the structure is basically the same, one has windows, one does not, yet if the Commission does not feel it meets the three criteria it will likely be denied. I The motion of Mayor Brown failed for lack of a second. Question was posed as to the result if no action is taken, the response was that that would affirm the action of the Planning Commission. Councilmember Campbell questioned if this type of structure is appropriate for the architectural style of the building, it is considered to be, is it appropriate for the architectural style of the neighborhood given its eclectic look, it is considered to be, does it impair the primary view, no, does it grant a special privilege, no, does it set a precedent, it is a case by case basis. 6-8-98 Councilmember Campbell moved to approve Height Variation Number 98-2 for 519 Ocean Avenue, an architectural feature for a cupola as set forth on the revised plans. Councilman Doane seconded the motion. AYES: NOES: ABSENT: campbell, Doane Brown Boyd, Yost Motion carried I The City Attorney noted that a resolution will be prepared for Council consideration at the next meeting reflecting reversal of the Planning Commission action and approval of the revised plan. The City Attorney offered that there is still need to meet in Closed Session, either now or at the conclusion of this meeting. The Mayor requested that the Closed Session be continued for another ten minutes or so. CITY MANAGER REPORTS The Manager stated that for the past two plus years there have been discussions with the Naval Weapons Station with regard to use of their facilities for Parks and Recreation programs, it now appears that those facilities may be available for use by the fall season, which frees up field space as well as provides a new recreation area without capital outlay. With regard to the upcoming Coastal Commission hearing on the Hellman Ranch Project, he noted several comments this past weekend that the project would be acceptable for the City as conditioned without the golf course component, and there is a misconception in the minds I of some that there are monies available where wetlands restoration could be accomplished almost immediately if only homes were built, to which he explained that he in fact recently received a letter from the Port Authority stating that there was no guarantee of any wetland restoration by the Port Authority on that property, in fact if anything it could be up to twenty years. He extended an invitation to all to attend the Commission hearing in Santa Barbara on wednesday. Mayor Brown stated his understanding is that if there were a desire to restore those wetlands to the seacoast there would be a large truck filled with dirt leave the Hellman property every five minutes for five years. Mayor Brown invited Leisure World residents wishing to take advantage of the bus service to Santa Barbara to call him for arrangements. Councilman Yost said one thing about the Hellman project is that it is self-contained, it needs to have all of the components in order to be viable, he too suggested a call to Mrs. Forsythe or Mr. Bartlett for bus service to Santa Barbara. The importance of letting the Coastal Commission know the feelings of the community was emphasized. Councilman Yost advised that he would be out of town for the next meeting. Councilman Doane echoed the comments of the other Councilmembers with regard to the Hellman Plan, noted I how this city has fought to have something viable on Hellman that everyone agreed upon, the Council, past and present, agree that this is a good plan, it took a very long time to reach a compromise, this is a good compromise, it is needed for the stability of the City, financially and aesthetically. Councilman Boyd added his emphasis of the need to support for the Hellman plan, and urged the community to attend the Santa Barbara hearing, the intent is to have the Plan, as proposed, adopted, which in turn will alleviate the need for a taxpayer subsidized wetlands, the Coastal Commission is saying that in fifteen to twenty years the Port Authority or other agency, 6-8-98 I if possible, may develop those wetlands, but that would be with taxpayer dollars, which is millions, in turn the private investment that the Hellman family is committing to develop the wetlands is sizeable, the question is then if a private investment is desired for the development of wetlands for public use along with a golf course and a small contingent of homes. He announced the Long Beach Stingray Womens Professional Basketball team clinic to be held at McGaugh School on Thursday, available to youth between twelve and eighteen years of age. Councilmember Campbell noted the fliers distributed with the local newspaper this past week in support of the Hellman Project, urged the residents to fill them out and deposit them in a container for that purpose in the City Clerk's office by tomorrow. It was again mentioned that a bus will be leaving from the Pavilions parking lot and the Leisure World Amphitheater for Santa Barbara early Wednesday morning. I ORAL COMMUNICATIONS Mayor Brown declared Oral Communications open. Mr. Jerry Anderson, Sandpiper Drive, said he is certain that the legal opinion that the cupola issue is not precedent setting is correct, however from a practical standpoint it will come up again, if a cupola is not there now and one is added this changes the character of a neighborhood, houses are in a constant state of flux, people do not want to see the height limit raised, this is not keeping with a small town atmosphere. Mr. Brian Kyle, Seal Beach, commended the Council action relating to the Harbour project, stated the cupola does not set a precedent, the family has been in Seal Beach for generations, Mr. Harbour is not a developer, and the property has been in the family for many years. There being no further comments, Mayor Brown declared Oral Communications closed. CLOSED SESSION At 8:56 p.m. it was the order of the Chair, with consent of the Council, to recess the 7:00 p.m. regular meeting, reconvene the 6:30 p.m. regular adjourned meeting, and adjourn to Closed Session. Mayor Brown called the regular adjourned and regular meetings to order at 10:21 p.m., and the City Attorney reported the Council had continued their discussion of the items listed on the agenda, gave direction to the City Manager, and no other action was taken. ADJOURNMENT By unanimous consent, the regular adjourned meeting was adjourned at 10:23 p.m. and the regular meeting was adjourned until Tuesday, June 16th at 4:00 p.m. to hold a second budget workshop. It was the order of the Chair, with consent of the Council, to adjourn the meeting at 10:25 p.m. Attest: I Approved: